5.  The applicant was born in 1974 and lives in Kyiv.
6.  Between 1998 and 2002 the applicant worked with Mr Zhakiyanov, who was working in opposition to the Kazakhstan Government.
7.  After 2002 he worked in companies belonging to Mr Y. Baysakov and Mr Z. Baysakov[1], who had been associates of Mr Zhakiyanov.
8.  In 2004 the applicant left Kazakhstan but continued working for Mr Y. Baysakov and Mr Z. Baysakov. His business activities included cooperation with the TuranAlem Bank (“the BTA Bank”) which had been headed by Mr Ablyazov, who had been involved in politics at the beginning of the 2000s and was one of cofounders of the Democratic Choice party. In 2002 Mr Ablyazov was tried for corruption. Many international and domestic observers considered his trial to be politically motivated. Following his release in 2003, Mr Ablyazov announced that he would devote his time to his businesses and refrain from active participation in politics (see paragraph 25 below). In 2005-2009 he chaired the biggest bank in Kasakhstan – the BTA Bank.
9.  In February 2009 the BTA Bank was nationalised due to its difficult financial situation. On 2 March 2009 criminal proceedings were instituted against Mr Ablyazov and other persons for misappropriation of funds by an organised group. On 25 December 2009 twelve former staff members of the BTA bank were found guilty and sentenced to between two and eight years' imprisonment for stealing particularly large quantities of financial resources.
10.  At the same time the Kazakh authorities started prosecuting those who had worked in cooperation with the BTA.
11.  On 25 March 2009 the General Prosecutor's Office (“the GPO”) of Kazakhstan instituted criminal proceedings against the applicant for participating with the management of the BTA in misappropriation of financial resources by organised group in particularly large amounts (under Article 176 part 3 paragraphs “a” and “b” of the Criminal Code of the Republic of Kazakhstan, which provides for a maximum penalty of ten years' imprisonment). On the same day, the Medeuskiy District Court of Almaty ordered the applicant to be arrested. The applicant was placed on a list of nationally and internationally wanted persons.
12.  By letter dated 8 July 2009, the GPO of Kazakhstan asked its Ukrainian counterpart to extradite the applicant.
13.  On 13 August 2009 the GPO of Ukraine requested the GPO of Kazakhstan for additional guarantees, asking whether, in the event of the extradition of the applicant, the provisions of Article 3 of the Convention would be respected and whether the applicant would be given a fair trial and, if necessary, appropriate medical treatment.
14.  By letter dated 19 August 2009, the GPO of Kazakhstan sent assurances that the applicant would not be ill-treated and that his rights guaranteed by the International Covenant on Civil and Political Rights and by Articles 2, 3, 5, 6, 7, 13 and 14 of the Convention would be respected.
15.  On 15 February 2010 the GPO of Ukraine passed a resolution on the temporal restriction of the applicant's right to leave the territory of Ukraine following its examination of a request for the applicant to be extradited on the basis of Articles 31 and 98 § 1 of the Code of Criminal Procedure, section 26 of the Legal Status of Foreigners and Stateless Persons Act and sections 19 and 20 of the State Border Guards of Ukraine Act. The decision contained no time-limit.
16.  On 18 February 2010 the applicant received a letter from the GPO of Ukraine notifying him about the decision of 15 February 2010.
17.  On 5 March 2010 a copy of the resolution of 15 February 2010 was served on the applicant's lawyer.
18.  On 11 March 2010 the GPO of Ukraine informed the GPO of Kazakhstan about the interim measure indicated by the Court and asked for additional assurances, namely, the possibility of Ukrainian diplomatic representatives to visit the applicant in detention, to be present during the judicial proceedings and to be informed about the course and the outcome of the criminal proceedings.
19.  On 29 March 2010 the GPO of Kazakhstan gave assurances that the officials of the Ukrainian diplomatic mission would be allowed to visit the extradited person, the extradited person would have access to such officials at any time and their meetings would be free from supervision. Furthermore, the officials would be able to follow the progress of the proceedings and to be present at the trial on the merits, and would be informed of the final decision in the respective criminal case.